When it comes to the structure and organization of government, it’s crucial to grasp the key concepts, functions, and laws that define the political landscape. This article aims to shed light on several important themes, including Public Interest Litigation (PIL), the role of a Cabinet Minister, and the significance of the 91st Amendment Act, 2003, in relation to a recent case in Goa.
Understanding the Controversy in Goa
The High Court of Bombay recently acknowledged the arguable issues raised in a PIL challenging the rights of Pratap Singh Rane, a six-time Chief Minister of Goa with a legislative tenure of 50 years, to hold the rank of Cabinet Minister for life. The PIL points out that this bestowal raises the tally of Cabinet ranks to 13 in Goa’s 12-member Cabinet, violating the ceiling stipulated by the Indian Constitution through the 91st Amendment Act, 2003.
The Structure and Function of the Council of Ministers
The Constitution’s Articles 74 and 75 discuss the Council of Ministers’ (COM) status and the appointment, terms, responsibilities, qualifications, oaths, salaries, and allowances of ministers, respectively.
The COM comprises three categories of ministers: Cabinet Ministers, Ministers of State, and Deputy Ministers, with the Prime Minister at the helm. Cabinet Ministers lead significant central government departments, while Ministers of State might have independent ministries or support cabinet ministers. Deputy Ministers aid Cabinet Ministers or Ministers of State in administrative, political, and parliamentary duties.
The Implications of the 91st Amendment Act, 2003
The Constitution (91st Amendment) Act, 2003 introduced clause 1A in Article 164, which restricts the total number of Ministers, inclusive of the Chief Minister, in a state’s Council of Ministers to not exceed 15% of the total members of the state’s Legislative Assembly. The Act also mandates that the number of ministers should not be less than twelve.
Parallel changes were made under Article 75, specifying that the Prime Minister should be appointed by the President, with other ministers appointed on the PM’s advice. Additionally, the COM, including the Prime Minister, should not surpass 15% of the Lok Sabha’s total strength.
The 91st Amendment was introduced to curb oversized Cabinets and consequential drain on public funds.
An Insight into Public Interest Litigation (PIL)
Public Interest Litigation refers to legal action taken in court to safeguard the ‘Public Interest’, which encompasses a wide range of concerns such as pollution, terrorism, road safety, construction hazards, and more. Any issue that potentially affects the wider public can be addressed through a PIL.
While PIL is not defined formally in any act or statute, it has been interpreted by judges in the context of larger public interest. Courts grant the public the power to initiate PILs through judicial activism. However, the petitioner needs to establish that the PIL serves the public interest rather than being a frivolous litigation.
Courts can take cognizance of matters and proceed suo motu, or cases can commence based on any public-spirited individual’s petition. Examples of issues entertained under PIL include bonded labor, neglected children, non-payment of minimum wages, atrocities against women, environmental imbalance, food adulteration, and preservation of heritage and culture.
A landmark moment in the PIL movement came with Justice P.N. Bhagawati’s judgment in the case of S.P. Gupta vs. Union of India, 1981. The ruling affirmed that “any member of the public or social action group acting Bonafide” could invoke the High Court and Supreme Court’s Writ Jurisdiction. It reinforced the power of PILs as a tool to address violations of legal or constitutional rights for those unable to approach the Court due to social, economic, or other disadvantages.
Examining Past UPSC Civil Services Examination Questions
A 2017 question asked candidates to choose the statement reflecting the principle underlying the Cabinet form of Government. The correct answer was option (c): A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.
